In Re Marriage of Rothrock

Martha Rothrock (Martha) appeals from an order of the trial court modifying child support payments by her former spouse, Jeffrey W. Rothrock (Jeffrey), and directing her to pay one-half of their minor children’s uninsured health care costs. Martha further appeals from a posttrial order denying her motion to vacate the modification order and denying her attorney fees as sanctions. We affirm.

FACTS AND PROCEDURAL HISTORY

Martha and Jeffrey married in September 1983 and separated in August 1992. As of the orders in issue, they had one minor child, Jeffrey C. (Jeffrey, Jr.), who was about to graduate from high school, and two adult children.

In October 1992, Jeffrey filed a petition for dissolution of marriage in the Superior Court of Riverside County. The parties entered into a marital settlement agreement drafted by Martha’s attorney and approved in writing by both parties and their counsel. The Riverside County Superior Court entered a judgment of dissolution incorporating that agreement in August

1993.

In the marital settlement agreement, the parties stipulated that “[Jeffrey] presently receives non taxable monthly income from a personal injury structured settlement…